Corner House Research (2009)

HL- Ceasing investigations director had worked in public interests

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Dicey Craig & Barber dispute

Barber = substantive, craig = formal

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Raz

- RoL is an essentially negative value - avoidance of evil- Formal positive as treats humans as being capable of plotting their own futures- Negative: Taking further would transform to political philosophy, RoL would cease to have independent legal value

23

Advantages of substantive view

Barber: Social factors directly relevant to functioning of our legal system